VR v Commission for Children and Young People [2012] NSWADT 83

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: VR v Commission for Children and Young People [2012] NSWADT 83 Hearing dates: 2 May 2011, 30 May 2011, 30 June 2011 and 28 October 2011. Decision date: 04 May 2012 Jurisdiction: Community Services Division Before: L Goodchild, Judicial Member Decision: (a)It is declared that Division 2 of Part 7 of the Commission for Children and Young People Act 1998, does not apply to VR in respect to the offence of indecent assault (s 61L Crimes Act 1900) and two counts of indecent assault person under 16 under authority (s 61E(1A) Crimes Act) subject to the following conditions: (i)the applicant shall not undertake employment involving children under the age of 18 years; and (ii)the applicant shall give a copy of this order to the Chief Executive Office or Clinical Director of any hospital, nursing home or medical practice in which he works. (iii)(iii) the applicant shall, should he make application to the Australian Medical Council for registration as a medical practitioner, provide a copy of these reasons to the Australia Medical Council. (iv)The Registrar is requested to provide a copy of these orders to the Commissioner of Police, New South Wales Police. Catchwords: Declaration - prohibited person - whether the applicant has discharged the onus that he poses no risk to the safety of children. Legislation Cited: Child Protection (Prohibited Employment) Act 1998, s 9(4) Commission for Children and Young People Act 1998, ss 3, 32, 33B(3), 33C, 33I, 33J(1), 33J(2) Commission for Children and Young People Amendment Act 2005 Crimes Act 1900, ss 61E(1A), 61L Nurses Act 1991, s 61 Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 111 Category: Principal judgment Parties: VR (Applicant) Commission for Children and Young People (Respondent) Representation: Counsel M Barco (Applicant) D Ward (Respondent) Crown Solicitors Office (Respondent) File Number(s): 104020 Publication restriction: S126 of the Administrative Decisions Tribunal applies